Untitled Texas Attorney General Opinion ( 1966 )

THE ORNICY GENERAL
OFTEXAS
Mr. Eldon Jeffrey5 Opinion NO. C- 643
Executive Secretary
State Board of Barber Examiners Re: When a barber school
512 Sam Houston Building changes ownership,
Austin, Texas necessitating the
drawing up of a new
contract, whether the
new owner can be
required to bring the
school up to the
requirements as
outlined in Section 9,
H.B. 829, Acts 57th
Legislature, 1961,
Dear Sir: and related question.
We are in receipt of your letter requesting an
opinion on the questions as hereinafter set out. The
pertinent portions of your letter read as follows:
"When a barber school changes ownership,
necessitating drawing up of a new contract
and issuance of a new license, can the new
owner be required to bring the school up to
the requirements as outlined in Section #9,
H.B. 82g?
"If a barber school changes locations,
with or without a change of ownershi must
it meet all requirements of Section $'9, H.B.
829 in the new location?"
Section 9, H.B. 829, Acts 57th Leg., 1961, has been
codified as Section 9, Article 734a, Vernon's Penal Code,
and provides, in part, as follows:
"Sec. 9. (a) Any firm, corporation,
partnership or person desiring to conduct or
operate a.barber school or college in this
State shall first obtain a permit from the
State Board of Barber Examiners after
demonstrating that said school or college
-3105-
Mr. Eldon Jeffreys, page 2 (a-640)
has first met the requirements of this
Section. . . .
n. . .
"(c) Bo barber school or college which
issues 'Class A' certificates shall be approved
by the Board for the issuance of a permit unless
sai'dschool or college has the following:
"(1) An adequate school site housed in a
substantial building of a permanent-type con-
struction containing a minimum of not less than
two thousand, eight hundred (2,800) square feet
of floor space. Such space shall be divided
into the following separate departments: a
senior department, a junior department, a
class theory room, a supply room, an office
space, a dressing and cloak room, and two
(2) sanitary, modern separate rest rooms,
equipped with one (1) commode each and a
urinal in one (1) rest room.
"(2) A hard-surface floor covering of
tile or other suitable material.
“(3) A minimum of twenty (20) modern
barber chairs with cabinet and mirror for
each chair.
' 4) One (1) lavatory in back of each
two (2I chairs.
“(5) A liquid sterilizer for each chair.
“(6) An adequate number of latherizers,
vibrators, and hair dryers for the use of
students.
“(7) Adequate lighting of all rooms.
“(8) At least twenty (20) classroom
chairs, a blackboard, anatomical charts of
the head, neck and face, and one (1) barber
chair in the class theory room.
"(9) A library and library facilities
available to students, containing a medical
dictionary and a standard work on the human
anatomy.
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.
Mr. Eldon Jeffreys, page 3 (c-640)
facil``:C)~ Adequate drinking fountain
, but at least one (1) to each floor.
"(11) Adequate toilet facilities for
the students.
"(12) Adequate fire-fighting equipment
to be maintained in case of emergency.
19
. . .
"(h) No barber school or college shall
be issued a permit to operate under the pro-
visions of this Section until it has first
furnished the following evidence to the Board:
11
. . .
“(7) An application fee of Two Hundred
Dollars ($200).
‘1. . . Any such school or college must
obtain renewal of its certificate by
September 1st each year by the payment of
an annual renewal fee of One Hundred Dollars
($100)-
"(i) When a barber ~school or college
changes ownership, the Board shall be notified
of the transfer within ten (10) days from
the date of such change.
"(j) Any school or college desiring to
change the location of such school or college
must first obtain approval by the Board by
showing that the proposed location meets the
requirements of this Section.
"(k) If said Board refuses to issue a
permit to any such school or college, such
school or college may by written request
demand the reasons for said refusal and if
said school or college shall thereupon meet
said requirements and makes a showing that
the requirements of this law have been
complied with, then if said Board refuses to
issue said permit, a suit may be instituted
by such school or college in any of the
District Courts of Travis County, Texas,
to require said Board to issue such permit.
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.
Mr. Eldon Jeffreys, page 4 (C- 640)
Any such suit must be filed within twenty
(20) days after the final order of said Board
refusing to issue such permit is entered,
provided registered notice is mailed or it
is otherwise shown that said school or
college has notice within ten (10) days
from the entering or making of said order.
"(1) In the event such school or college
after a permit is issued to it violates any of
the requirements of this law, either directly
or indirectly, then said Board shall suspend
or revoke the permit of any such school or
college. Before auapending,or revoking any
such permit, said Board must give such school
or college a hearing, notice of which hearing
shall be delivered to such school or college
at least twenty (20) days prior to the date of
said hearing. If said Board suspends or revokes
said permit at said hearing, then such school
or college may file suit to prevent the same or
to appeal from said order. Any and all suits
filed hereunder shall be filed within twenty (20)
days from the date of the order of said Board
in any of the District Courts of Travis County,
Texas, and not elsewhere, and the order shall
not become effective until said twenty (20) days
has expired."
It is noted in Paragraph (1) of Section 9, that
the Board has the authority to suspend or revoke ,the permit
of any school or college if it violates any of the requirements
of this law, either directly or Indirectly, after a due hearing
before said Board. This authority to suspend or revoke the
permit applies both before and after a change in ownership.
In reviewing Sections 9, 20 and 27 of House Bill No.
104, Chapter 65, Acts of the alst Legislature, First Called
Session, as amended, it was noted that there were~no provisions
providing for the standards which have been set up in Section 9,
Para raph (c) and Sub-paragraphs (1-12) inclusive, of House Bill
No. 8 29, Acts 57th Legislature, 1961, and the provisions setting
up the standards for buildings and equipment of the barber schools
or colleges is a new part of the act. ,c
We are of the opinion from a reading of Paragraph (I)
of Section 9, Article 734a, Vernon's Penal Code, that the
language used is plain and unambiguous in its meaning and in
such case the law will be applied and enforced as it reads,
*
-3108-
Mr. Eldon Jeffreys, page 5 (C-640)
regardless of policy, fairness or ustice of its effects.
Gilmore v. Waples, 1.08 Tex. 167, 1iI
8 S.W. 1037
V. Southwestern Surety Insurance Co.,
719181. $1mmons v. Arnim,~llO T
Gatelei v. Humphrey, 151: Tex. 5%; 3250
Therefore, under the provisions of Paragraph (I),
supra, when a barber school changes ownership, the new owner
is not required to bring the school up to the requirements as
outlined in Paragraph (c), Sub-paragraphs (1-12) supra, and the
only requirement concerning the transfer is notification to
the Board that the transfer had been made within the period
of time as set out in such statute, whereby the Board would
be apprised of the name of the new owner.
Your second question concerns the following fact
situation:
"If a barber school changes location, with
or without change of ownership, must it meet
all requirements of Section #g, H.B. 829 in
the new location?"
We are of the opinion that from reading Paragraph (j)
of Article 734a, Vernon's Penal Code, that the school or
college must obtain approval by the Board by showing that the
proposed location meets the requirements of Section 9.
SUMMARY
Pursuant to the provisions of Paragraph
(I) o:*Section 9 of Article 73&a, Vernon's Penal
Code, if a barber school or college changes
ownership, the new owner cannot be required to
bring the school up to the standards as set out
in Paragraph (c), Sub-paragraphs (1) through
of Article 73&a, Vernon's
by virtue of Paragraph (1)
of Section 9, the Board has the authority to
revoke or suspend the permit, if the school
violates the requirements of said section.
Pursuant to the provisions of Paragraph
(j) o2f'Section9 of Article 734a, Vernon's Penal
Code, a barber school or college changing to a
new location must obtain approval of the Board
of the building and equipment located therein.
-3109-
Mr. Eldon Jeffreys, page 6 (C-640)
Yours very truly,
JHB:ra:sj
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Malcolm Quick
Phillip Crawford
Mario Obledo
James Broadhurst
APPROVED FOR THE ATTORNEY GRNRRAL
BY: T. B. Wright
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